Personal Law

A mental health nurse who was subjected to abuse by patients has won a claim of indirect race discrimination by his employer. However, his claim for harassment was rejected by the Employment Tribunal. Colleridge Bessong, from Africa, worked for Pennine Care NHS Foundation Trust (2019) at a secure residential unit. In 2017 he was seriously assaulted by a patient who also racially abused him. The patient had a history of…

LIFE in the north-east is proving just the ticket for solicitor Alice Whittome who has just landed her dream job. Alice, a Newcastle United season ticket holder, has joined leading legal firm Cartmell Shepherd Solicitors as a private client solicitor in Haltwhistle. Alice is now preparing for her first Christmas as a homeowner with fiance Robbie, a trainee GP at Hexham General Hospital, and their two miniature dachshunds Evie and…

An occupational therapist who lost her job after years of suffering from chronic fatigue syndrome has won her claim of discrimination and unfair dismissal. Ms D Ward had worked for Northumberland Tyne & Wear NHS Foundation Trust since 2000. The trust operated a sickness and absence management policy under which employees faced disciplinary action if they had more than three absences from work in a 12-month period. In 2009, Ward…

WILD swimming meets the Winter Solstice in the English Lake District this weekend and Laura Clarke wouldn’t miss it for the world. Laura, whose outdoor adventures include trekking to Everest Base Camp, loves nothing more than an early morning dip in the tranquil waters of the Lake District. “There’s just you and the water surrounded by amazing scenery at the first light of day,” said Laura. “It takes your mind…

A group of tenants have won their appeal to exercise the right of collective enfranchisement and acquire the freehold of their flats. The properties were owned by Grosvenor (Mayfair) Estate and held on a long lease by K Group Holdings Inc (2019). The issue arose after Aldford House Freehold Ltd, the nominee purchaser for 17 lessees, served an initial notice claiming to exercise the right of collective enfranchisement on the…

The Employment Tribunal has ruled that the airline Ryanair discriminated against a flight attendant when she returned to work after being diagnosed with a brain tumour. Margita Dworak had worked for Ryanair from 2004-2018 and was a senior flight attendant at the time she resigned. In 2015, she began to experience severe headaches. These lasted for years and in 2017 she visited a specialist in Poland. She was later hospitalised…

A financial adviser was unfairly dismissed after his employer put unreasonable pressure on him to extend a restrictive covenant. That was the decision of the Employment Tribunal in a case involving Peter Ward, who worked as a financial planning provider for Fiducia Comprehensive Financial Planning from 2009-2018. In May 2018, Ward resigned from the company and gave his three months’ notice, stating that he intended to spend more time with…

A housing association was entitled to evict a disabled tenant even though it had failed to comply with its public sector equality duty (PSED) under the Equality Act 2010. That was the decision of the Court of Appeal in a case involving Aldwyck Housing Group Ltd. One of its tenants, who was physically disabled, had been given a formal warning about the anti-social behaviour of various visitors to his flat.…

 The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs ahead of their launch to market. She was dismissed after she refused to sign a confidentiality agreement. Mulberry believed that by refusing to sign, she intended to copy some of its products.…

The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full-time workers. The case involved an employee of Capita Customer Management Limited named Mrs J McBride. She worked as head of quality and compliance before taking maternity leave in April 2015. She returned to work two years later and resumed her duties,…